Longer term, Better impact

Context: The recent ordinance that allows the Centre to extend the tenure of the Director of the CBI is timely and merited

Impact of ordinance that allows the Centre to extend the tenure of the Director of the CBI

• Better scope for making an impact: Two-year tenure for a CBI head is too short for any officer to make an impact on the organisation. 
• Provides continuity to Director in conducting highly sensitive investigations, which sometimes impinge on the longevity and stability of a democratically elected government.
• Improve accountability: As, director will have to keep the government informed of all major administrative decisions without taking orders from executive.
• Led to straightforward investigations: As government have to show enormous restraint in its interactions with the head of the CBI.
• Better objectivity and neutrality while appointing directors: Earlier, government was arbitrary and capricious in choosing the Director. 
  • Favouritism: Temporary appointments given to favour some individuals ignoring seniority in appointments and Directors were removed frequently.

Problem the latest ordinance

• Opposition accusation: Questioning the intentions of the ordinance claiming that decision was motivated by dishonest intentions.
• Rule about three annual extensions can be misused by a tendentious government: It may be construed as a reward for ‘good behaviour’, which is a euphemism for an obliging Director.
  • Government ended the mandatory two-year tenure of CBI director, now government will have to issue orders granting one-year extensions at a time.
• Objectionable development creating hindrance in functioning of CBI: Many states like West Bengal, Maharashtra, Kerala, Punjab, Rajasthan, Jharkhand, Chhattisgarh, and Mizoram have withdrawn consent for the CBI to function in that State.

Way forward

• Provides straight five-year term for the Director instead of three annual extensions like appointment of Federal Bureau of Investigation chief in the U.S. for   10-year term.
• Drafting CBI Act to ensure that the organisation is not dependent on the State governments.
• CBI should derive its authority for launching investigations from its own statute instead of depending on the Criminal Procedure Code, like the Income Tax Act and the Customs Act.